Antitrust Claims. The STATE and the CONTRACTOR recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the CONTRACTOR hereby assigns to STATE any and all claims for overcharges as to goods and materials purchased in connection with this Contract, except as to overcharges which result from violations commencing after the price is established under this Contract and which are not passed on to the STATE under an escalation clause.
Appears in 40 contracts
Sources: Participating Addendum, Contract for Goods or Services, Contract for Goods or Services
Antitrust Claims. The STATE and the CONTRACTOR recognize recognized that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the CONTRACTOR hereby assigns to STATE any and all claims for overcharges as to goods and materials material purchased in connection with this Contract, except as to overcharges which result from violations commencing after the price is established under this Contract and which are not passed on to the STATE under an escalation clause.
Appears in 26 contracts
Sources: Contract for Goods or Services, Contract for Goods or Services, Contract for Goods or Services
Antitrust Claims. The STATE and the CONTRACTOR PROVIDER recognize that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the CONTRACTOR PROVIDER hereby assigns to the STATE any and all claims for overcharges as to goods and materials purchased in connection with this Contract, except as to overcharges which result from violations commencing after the price is established under this Contract and which are not passed on to the STATE under an escalation clause.
Appears in 4 contracts
Sources: Health & Human Services Contract, Contract for Health and Human Services (Wellcare Health Plans, Inc.), Health & Human Services Contract
Antitrust Claims. The STATE State and the CONTRACTOR Contractor recognize that that, in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the purchaser. Therefore, the CONTRACTOR Contractor hereby assigns to STATE State any and all claims for overcharges as to goods and materials purchased in connection with this Contract, except as to overcharges which result from violations commencing after the price is established under this Contract and which are not passed on to the STATE State under an escalation clause.clause.β
Appears in 1 contract
Sources: General Conditions to the Contract